Wilmarth v. Buys

July 1, 1929, defendants Henry Van Aalderen and Catherine Van Aalderen, husband and wife, purchased certain premises under warranty deed from defendants James Buys, Gertrude Buys, John Buys, Jessie Buys, Gerhardus J. Stuart, and Sabrina Stuart, subject to a mortgage thereon, executed by the grantors to plaintiff, which mortgage, under the terms of the deed, the grantees assumed and agreed to pay. This deed vested title in Mr. and Mrs. Van Aalderen by entirety. Upon foreclosure of the mortgage in equity, plaintiff asked for a decree for deficiency against both Van Aalderens, and appeals from a…